When a Landlord can recover possession on a leased property in Cyprus according to the Rent Control Act 23/1983
When a Landlord can recover possession on a leased property in Cyprus
Rent Control Act 23/1983
In Cyprus a tenant is well protected by the Rent Control Act and is very difficult to be evicted from the leased property except in cases provided by the Rent Control Act L23/1983. According to the Local Plans in the major cities there are areas that fall within this act and are called ‘Rent Control Act areas’. If a property does not fall within these areas then if a rent dispute arises it will be appointed to a Municipal Court and not in the Rental Control Court.
What is a statutory tenant according to Law23/1983 ?
A statutory tenant is the tenant who at the expiration of the first lease agreement continues to occupy the leasehold property.
In which cases a tenant can be evicted from the property according to the Law ?
- When the rent is an unpaid for more than 21 days and after a written notice demanding payment by the landlord/landlady the tenant fails to pay any amount due within 14 days after receiving the notice.
- When the tenant was found guilty of improper behavior (for example causing annoyance to the neighborhood or allowed the use of the property for illegal and immoral purposes
- When the property according to the court ruling was deteriorated after the tenant’s acts or negligence. In this case the court will not evict the tenant if within two months from the date of the processing for abandoning the property cures all damages.
- When the tenant subleases the premises without the permission of the landlord
- When the tenant either by the rent collection or subleasing of the property (or part of the property), realizes profit (direct or indirect) that is disproportionate with the rent payable to the landlord.
- When the landlord reasonably requires the property to live in and use it for himself (or for members of his family -his spouse, children or dependent parents).
- When the landlord requires the property for him, his spouse or children for the purpose of their own use and they can prove to court that they could not find a similar property with a reasonable rent.
- When the Landlord requests the property for the following:
- Demolition of the property after necessary licenses have been taken
- For the demolition and reconstruction of a new property
- For major alterations and structural changes of the property
- For the upgrading of a listed property
Of course in all the cases above always the tenant has to be compensated not only for the good will but for any other losses the tenant might occur including relocation costs.
9. When the property is requested to be abandoned in the case of adopting a major area improvement
10. When the property was needed for a forced expropriation by the Government
11. When the property is needed from a Local Authority in order to serve the public interest.
12. When the tenant gave a reasonable notice to vacate and the landlord proceeded with the signing of a new lease with a new tenant.
Our Firm has many years of experience in Rent Control Act as we have Legal Consultants who are also Chartered Surveyors with tremendous experience in this field. For more information and guidance regarding the Rights of the Landlords and the Rights of the Tenants
Our Firm has many years of experience in Rent Control Act as we have Legal Consultants who are also Chartered Surveyors with tremendous experience in this field. For more information and guidance get in touch with our lawyers or email iMPK Global Business Law Firm – Cyprus Lawyers, at email@example.com .Tel. +357 99345000 – Fax +357 25 660097